AA Battery Assist
Terms & Conditions
1. Our details
AA Battery Assist is a business and trading style of The Automobile
Association Limited (hereafter referred to as “we” “us” “our”).
The Automobile Association Limited is incorporated with limited
liability in Jersey number 73356
Registered Office: 22 Grenville Street, St Helier, Jersey, JE4 8PX,
Channel Islands.
Head Office: Fanum House, Basing View, Basingstoke, Hampshire
RG21 4EA. Branch registered in England and Wales number
BR004875.
2. The contract
These terms and conditions form the contract of sale and supply
between you (as purchaser) and us (as seller) for the battery that
you order. In the event of a conflict or inconsistency between
the provisions of any promotional material and these terms and
conditions, these terms and conditions shall prevail. A copy of these
terms and conditions will be provided to you with the delivery of
your battery. Our services under this contract may be performed by
us or our representatives, contractors or agents.
Your order is an offer by you to purchase our product. When you
call us to place an order to purchase a battery from us, we will
confirm our acceptance of your order over the telephone and
provide you with a dispatch time estimate. We will supply a receipt
for the battery you have purchased at the time your battery is
delivered. Once we have confirmed your order the contract of sale
between you and us will exist.
3. Availability and Dispatch
The availability of our batteries is subject to our actual stock.
Quoted dispatch dates are estimated and we cannot guarantee
precise dispatch times. If for any reason a dispatch date is likely to
change we will contact you to rearrange the date.
We will aim to delivery your battery to you on the next working
day after the day you order providing your order is placed before
3pm on a working day. We will aim to deliver any orders placed
after 3pm on a working day within two working days of the date of
order.
We will deliver the battery to the address specified by you in
your order. All orders are delivered between 08.00 – 17.30 hours
(GMT) Monday to Friday excluding UK Bank Holidays. Please note
deliveries of batteries will not be left without a signature. Where
no-one is available to provide a signature we will provide contact
instructions for pick-up or re-delivery. Where the courier cannot
successfully deliver or arrange collection with you the battery will be
returned to our third party provider. We cannot accept any liability
for any loss or damage to the battery once it has been delivered to
the address specified in your delivery instructions.
4.Payment
Payment by you will be taken by us at the time that you order the
battery on the telephone. You can pay with Mastercard, Visa debit
or credit card, Maestro or Delta debit card. Your credit/debit card
details will be encrypted to minimise the possibility of unauthorised
access or disclosure. The person that places the order must be
entitled to place the order and must have authority and capacity to
provide payment for the specific method of payment. For orders of
over £100, please ensure that you provide the exact address details
to which your card is registered, to avoid impeding the payment
process.
We may cancel this contract in the event of the means of payment
described above not being accepted. If we cancel the contract
under these circumstances we will notify you by telephone using
the telephone number that you have provided or by letter.
5. Postage Costs and Delivery
We are only able to supply batteries to people who are resident in
Scotland, England and Wales at this time.
The cost of delivery (£4.99 for non-Members) is included within the
display price. Delivery is free of charge for Members.
6. Return and Cancellation
If you wish to return a battery please contact us and notify us
promptly by telephone on 0800 3164314.
Depending on the battery to be returned we will advise you of the
course of action to be taken. Please provide us with all details of
your order including your name, the order number and the original
delivery address.
Returning faulty or incorrectly supplied items:
In addition to your right to cancel the contract described below, we
will accept returns if:
(a) The battery was damaged or faulty: we will arrange for an AA
Battery Assist Patrol to collect your faulty battery and supply a
suitable replacement. Refunds or exchanges will only be given
once the battery is confirmed as faulty. Once the battery has
been confirmed as faulty by the AA we will either replace the
battery or provide a refund - please inform us which option you
prefer.
(b) The battery was incorrectly supplied: If we made a mistake
and sent you the incorrect battery, we will arrange for an AA
Battery Assist Patrol to replace the incorrect battery and supply
a suitable replacement. Or if applicable on receipt by us of
the returned battery we will give you a full refund (including
postage costs if you incurred them); or
(c)You are otherwise entitled to return them under applicable law.
Under these circumstances full refunds shall be made within thirty
days following the date of receipt by us of your notice of your desire
to return the battery.
You are required to take reasonable care of the goods and packaging
whilst they are in your possession and as far as possible we would
ask please that you repackage the battery in the packaging it was
delivered in as this is special packaging designed for batteries.
Cancellation of unwanted items:
If you are a consumer (not a business) you are entitled at your
discretion to cancel this contract for the supply of the battery
ordered provided that you notify us within the period of 7 working
days that follow the day the battery is delivered to you. We will
refund the full price of the battery including any delivery costs as
soon as possible following your notice of cancellation, and in any
event, no later than within 30 days.
To cancel your contract you must contact us by telephone on 0800
316 4314 to arrange collection by us. If you phone us, you must
also confirm your notice in written form by post, fax or email.
You are required to take reasonable care of the goods and packaging
whilst they are in your possession and as far as possible we would
ask please that you repackage the battery in the packaging it was
delivered in as this is special packaging designed for batteries.
7.Pictures
Pictures are for illustration purposes only and may not be to scale or
represent precise dimensions, accordingly actual batteries may vary
slightly.
8.Invalidity
If any part of this contract of sale is held to be unenforceable
(including any provision in which we exclude our liability to you) the
validity of the remainder of these terms will not be affected.
9.Hyperlinks
Our website may contain hyperlinks. These hyperlinks may connect
you to sites of other organisations which are not our responsibility.
We have used our reasonable endeavours in preparing our own
website and the information included in it is done so in good
faith. However, we have no control over any of the information
you can access via other websites. Therefore, no mention of
any organisation, company or individual to which our website is
linked shall imply any approval or warranty as to the standing and
capability of any such organisations, company or individual on our
part.
10. Use by you of our websites
You must not knowingly abuse, misuse or disrupt our website.
Whilst we apply standard industry measures to prevent disrupted
use by you of our website your use and communications may be
susceptible to data corruption, interception and delays, further we
cannot guarantee that your use of our website will not damage
your computer or other relevant equipment. So far as the law will
allow we shall not be responsible for any detrimental reliance you
place on our website or its contents.
We are providing this website and its contents on an ‘as is’ basis
and to the extent permitted by law we make no representations
or warranties of any kind with respect to its use or contents. In
addition, we make no representations or warranties about the
accuracy, completeness or suitability for any particular purpose of
the information and related graphics published in this site or that
any software or the server that makes it available are free of viruses
or other harmful components. The information contained in this
site may contain technical inaccuracies or typographical errors. All
our liability howsoever arising for any such inaccuracies or errors
is expressly excluded to the fullest extent permitted by applicable
law. So far as legally possible neither we nor any of the directors,
employees or other representatives will be liable for damages
arising out of or in connection with the use of this website in any
way. This limitation of liability applies only to losses that were not
foreseeable when this contract was formed and any losses that
were not caused by any breach by us.
11. Liability
Nothing in this contract of sale will affect your statutory rights or
in any way exclude or limit our liability to you for death or personal
injury resulting from our negligence.
We warrant that our batteries are of satisfactory quality and fit for
the purposes for which they were designed and intended. Other
than the warranties and representations that we expressly make to
you or those that are implied or apply under applicable law, we do
not make any warranties, guarantees or representations in relation
to our batteries.
So far as is permitted under law we shall not be liable to you for
losses that were not foreseeable when this contract was formed
and any losses that were not caused by any breach by us.
Nothing in these terms and conditions creates any right which is
enforceable by any person who is not a party to this contract.
12.Complaints
If you have a complaint, please contact our customer service team
by telephone: 0800 3164314.
13. Use of data
13.1The Acromas Holdings group of companies, of which the AA
group of companies* (including The Automobile Association
Limited, AA Media Limited, AA Limited, AA Financial
Services Limited and Automobile Association Insurance
Services Limited) forms a part (“we”) will use your personal
information for the following purposes*:
(a) to identify you when you contact us;
(b) to allow us to give you a quote and assess which payment
options we can offer you;
(c) to help identify accounts, services and/or products which
you could have from us or selected partners from time to
time. We may do this by automatic means using a scoring
system, which uses the information you have provided,
any information we hold about you and information from
third party agencies (including credit reference agencies
who will keep a record of your enquiry);
(d) to help administer, and contact you about improved
administration of, any accounts, services and products we
have provided before, or provide now or in the future;
(e) to carry out marketing analysis and customer profiling
(including with transactional information), conduct
research, including creating statistical and testing
information;
(f) to help to prevent and detect fraud or loss; and
(g) to contact you in any way (including mail, email,
telephone, text or multimedia messages) about products
and services offered by us and/or selected partners unless
you have previously asked us not to use the relevant
personal data for such purposes.
*A list of companies forming the AA group of companies is
available from The AA Data Protection Compliance Manager at
The AA, Fanum House, Basing View, Basingstoke, Hampshire
RG21 4EA.
See the AA privacy policy at:
theAA.com/termsandconditions/privacy_policy.html
13.2. We may allow other people and organisations to use
information we hold about you for the purpose of providing
services you have asked for, as part of the process of selling
one or more of our businesses, or if we have been legitimately
asked to provide information for legal or regulatory
purposes or as part of legal proceedings or prospective legal
proceedings. From time to time, these service providers and
organisations may be outside the European Economic Area in
countries that do not have the same standards of protection
for personal data as the UK. We will, however, always use
every reasonable effort to ensure sufficient protections are in
place to safeguard your personal information.
13.3. We may monitor and record communications with you
(including phone conversations and emails) for quality
assurance and compliance reasons.
13.4. We may check your details with credit reference and fraud
prevention agencies. If you provide false or inaccurate
information and we suspect fraud, we will record this and
details will be passed to fraud prevention agencies. Law
enforcement agencies may access and use this information.
We and other organisations may access and use from other
countries the information recorded by fraud prevention
agencies. We and other organisations may use and search
these credit reference and fraud prevention agencies records,
for example, to:
(a) help make decisions about credit related services for you
and members of your household including assessing what
quote and which payment options we can offer you for
particular services;
(b) help make decisions on motor, household, credit, life and
other insurance proposals and insurance claims for you
and other members of your household;
(c) trace debtors, recover debt, prevent fraud, and to manage
your accounts or insurance policies;
(d) check your identity to prevent financial crime unless you
give us other satisfactory proof of identity; and
(e) check the details of job applicants and employees.
Information held about you by these agencies may be linked
to records relating to other people living at the same address
with whom you are financially linked. These records will also
be taken into account in credit and fraud prevention checks.
Information from your application and payment details of
your account will be recorded with one or more of these
agencies and may be shared with other organisations to help
make credit and insurance decisions about you and members
of your household with whom you are financially linked and
for debt collection and fraud prevention. This includes those
who have moved house and who have missed payments.
13.5. If you need details of those credit reference and fraud
prevention agencies from which we obtain and with which
we may record information about you, please write to
The AA Data Protection Compliance Manager at
The AA, Fanum House, Basing View, Basingstoke, Hampshire
RG21 4EA.
13.6. Where you give us information on behalf of someone
else, you confirm that you have provided them with the
information set out in these provisions, and that they have
not objected to such use of their personal information.
Where you give us sensitive data about yourself or another
person (such as health details or details of any criminal
convictions) you agree (and confirm that the other person
has agreed) to our processing such information in the
manner set out in these provisions.
14. Events beyond our reasonable control
We will not be responsible for any delay or failure to perform our
obligations under this contract if the delay or failure arises from
any cause or circumstances that are beyond or outside of our
reasonable control. Under such circumstances so far as may be
reasonably practicable we will use reasonable endeavours to find a
solution and to continue to perform this contract.
15.Waiver
If you fail to comply with this contract and we fail to take action
or delay in taking action, such failure or delay shall not constitute
a waiver of any right or remedy or a waiver of any other right or
remedies available to us and no single or partial exercise of any right
or remedy under this contract shall prevent any further exercise of the
right or remedy or the exercise of any other right or remedy.
16.Severability
If any provision of this contract is found by any court or
administrative body of competent jurisdiction to be invalid or
unenforceable, such invalidity or unenforceability shall not affect
the other provisions of this contract which shall remain in full force
and effect.
17. Entire Agreement
This contract and the other documents or materials referred to
in it constitute the entire agreement and understanding between
you and us and in the absence of fraud, supersedes any previous
agreement between you and us that is related to the battery
ordered.
18. Use of English law and language
This contract of sale is written in English and is governed by and
should be interpreted under the laws of England and Wales.
theAA.com
SMS text messaging is available for use by deaf, hard of hearing or speech impaired
Customers in a breakdown situation by sending an SMS to 07900 444 999.
Information is available in large print, audio and Braille on request.
Please call 0800 262 050 for details.
Deaf, hard of hearing or speech-impaired Customers may contact us using Text Relay.
BATASS_T&C (10/11)